Virginia Truck Accident Lawyers: Claims Against Carriers and Their Insurers

Why truck accident claims are different from car accident claims

A fully loaded tractor-trailer can weigh twenty times as much as a passenger car and needs far more distance to stop. When one strikes a smaller vehicle, the injuries tend to be severe, and the claim that follows is harder to build for several reasons:

• More than one defendant. The driver, the motor carrier, the owner of the trailer, the company that loaded the cargo and a maintenance shop can each share responsibility.
• Federal rules. Interstate carriers must follow the Federal Motor Carrier Safety Regulations, and a violation of those rules is often central to proving what went wrong.
• Larger policies and tougher defense. Commercial carriers typically carry much larger liability policies than private drivers, and their insurers often send investigators to the scene within hours.
• Electronic evidence. Modern trucks record speed, braking and driving hours. That data belongs to the carrier, and it is not kept forever.

Because of these differences, we treat a truck crash as its own kind of case from the first call, not as a larger version of a Virginia car accident claim.

Federal trucking safety rules that come up in Virginia cases

Commercial trucks follow the Federal Motor Carrier Safety Regulations, found in Parts 390 through 399 of Title 49 of the Code of Federal Regulations, along with the drug and alcohol testing rules in Part 382. The parts we review most often are:

A rule violation does not decide a case by itself, but it often explains why the crash happened. A driver pushing past the hours limits to meet a delivery window at a Chantilly distribution center, or a carrier that let a truck with worn brakes back onto I-95, tells a jury a great deal about how the company operates.

Who can be responsible for a truck crash

Finding every responsible party matters, because each may have its own insurance. Depending on the facts, a truck accident claim can involve:

• The truck driver, for speeding, fatigue, distraction, impairment or an unsafe lane change
• The motor carrier, for the driver’s conduct on the job and for its own failures in hiring, training, scheduling and supervision
• The owner of the tractor or trailer, when it is not the carrier
• The shipper or loading company, when cargo was overloaded or badly secured
• A maintenance contractor that did faulty brake or tire work
• The manufacturer of a defective part. Virginia product claims proceed in negligence and breach of warranty; see our page on defective product claims.

When the truck belongs to a government, such as a county dump truck or a state highway vehicle, different notice rules apply, discussed below.

Truck crash evidence that can disappear

The strongest evidence in a truck case is usually in the carrier’s hands. We move quickly to demand that it be preserved, then pursue it through the claim or the lawsuit. The records we seek include:

1. Electronic logging device data showing the driver’s hours in the days before the crash
2. Engine control module or event data recorder information on speed, braking and throttle
3. Forward-facing and driver-facing camera video
4. The driver qualification file, including past violations and medical certification
5. Inspection, maintenance and repair records for the tractor and trailer
6. Dispatch records, delivery schedules and phone records
7. Bills of lading and weight tickets for the cargo

We also collect the police crash report, photographs of the scene, and video from traffic cameras and nearby businesses before it is recorded over.

Types of truck accidents we handle in Northern Virginia

Truck traffic in Northern Virginia moves through tight interchanges, construction zones and heavy commuter congestion. The collisions we see include:

• Rear-end crashes when a truck cannot stop in slowing traffic on the Beltway or I-66
• Jackknife and rollover crashes on ramps and curves
• Underride collisions, where a car slides beneath a trailer
• Wide-turn and blind-spot crashes on Route 50, Route 7 and other busy arterial roads
• Tire blowouts and brake failures tied to poor maintenance
• Spilled or shifting cargo
• Crashes involving dump trucks, box trucks, tow trucks and garbage trucks
• Collisions in highway work zones

If you were driving a truck for work when another vehicle hit you, you may have both a workers’ compensation claim and a separate claim against the other driver.

Fault, compensation and Virginia’s contributory negligence rule

Virginia follows contributory negligence. If you are found even slightly at fault for a crash, you are generally barred from recovering. Trucking insurers know this and often argue that the car driver cut in front of the truck or braked suddenly. The last clear chance doctrine can allow recovery in some cases, and contributory negligence does not defeat a claim based on willful and wanton conduct. Data from the truck itself is often the best answer to a fault argument.

A Virginia truck accident claim can seek medical expenses, future care, lost income and reduced earning ability, pain and suffering, and property damage. Punitive damages are capped at $350,000 under Va. Code § 8.01-38.1. The severity of the injuries, the available insurance and the evidence of fault all affect what a claim is worth, and no page can predict the outcome of yours.

Truck crashes often cause traumatic brain injuries, spinal cord injuries and catastrophic injuries. When a crash is fatal, the family may bring a wrongful death claim.

Deadlines and courts for Virginia truck accident cases

Virginia generally allows two years from the date of the crash to file a personal injury lawsuit, under Va. Code § 8.01-243(A). A wrongful death action generally must be filed within two years of the death, under Va. Code § 8.01-244(B).

Claims involving a government truck can require written notice much sooner: generally six months for a Virginia county, city or town under Va. Code § 15.2-209, and one year for the Commonwealth under Va. Code § 8.01-195.6.

Most serious truck cases are filed in circuit court, because general district courts hear personal injury claims only up to $50,000 under Va. Code § 16.1-77. For a crash in Fairfax County, that is the Fairfax County Circuit Court on Chain Bridge Road, near our Fairfax office.

How our Virginia truck accident lawyers handle your claim

1. Free case review. Call or use the form on this page. There is no obligation to hire us.
2. Preservation demand. We send the carrier a written demand to keep its logs, data, video and maintenance files.
3. Investigation. We identify every company involved and the insurance each carries, and review the federal safety records.
4. Medical documentation. We assemble your records and the opinions needed to show future care and lost earning ability.
5. Negotiation or suit. We present the claim to the insurers and, if they will not make a fair offer, file suit in the proper Virginia court.

You can speak with our team in English, Korean or Spanish, and the case review can be done entirely by phone.